Delaware Code

10 Del. C. § 9301 (2026)

Civil jurisdiction; amount in controversy

✓ current as of May 2026

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Unless otherwise specified by law, the Justice of the Peace Court shall have civil jurisdiction over the following:

(1) Common-law actions in contract, express or implied, and common-law actions in tort for damage, destruction or taking of personal property (including replevin), for injury to real property, and for trespass on the land. Jurisdiction over such actions shall be limited to actions in which the matter in demand, damage claimed, or the value of the property whose return is sought does not exceed $25,000; provided, however, that the $25,000 limit does not apply to monetary claims, counter-claims, or cross-claims asserted in an action for summary possession as provided in Chapter 57 of Title 25 and arising from or relating to a commercial lease as defined in Part IV of Title 25 [§ 6101 et seq. of Title 25]. A penalty in any contract exceeding that sum shall not exclude it from this jurisdiction if the sum actually due thereon is within it. The interest also due on any cause of action within this jurisdiction may be added, although the judgment, with interest so added, exceeds $25,000.

(2) Actions for any penalty or forfeiture incurred under the provisions of any statute, bylaw or ordinance authorized by statute when the matter in demand does not exceed $25,000. The interest also due on any such cause of action may be added, although the judgment, with interest so added, exceeds $25,000.

(3) Summary possession actions as provided in Chapter 57 of Title 25.

(4) Distress for rent actions as provided in Chapter 63 of Title 25.

(5) Truancy actions as provided in Chapter 27 of Title 14.

(6) Any other civil jurisdiction provided by law.

Code 1852, §§ 2063, 2193, 2206; 18 Del. Laws, c. 678, § 1; Code 1915, §§ 4004, 4004A, 4062, 4065A, 4069; 29 Del. Laws, c. 255; 29 Del. Laws, c. 256, § 2; 34 Del. Laws, c. 221, § 1; 34 Del. Laws, c. 224, §§ 1, 3; 41 Del. Laws, c. 209; Code 1935, §§ 4490, 4543, 4547, 4560; 10 Del. c. 1953,, §§ 9301, 9303, 9304, 9305; 55 Del. Laws, c. 20, §§ 4, 6, 7; 55 Del. Laws, c. 297, §§ 1, 3, 4; 57 Del. Laws, c. 192, §§ 1, 2, 3, 4; 58 Del. Laws, c. 194, § 11; 59 Del. Laws, c. 540, § 1; 64 Del. Laws, c. 270, §§ 1, 2, 3, 5, 6; 67 Del. Laws, c. 426, §§ 1, 2, 3; 69 Del. Laws, c. 425, §§ 1, 2, 3; 72 Del. Laws, c. 346, § 15; 73 Del. Laws, c. 334, § 1; 82 Del. Laws, c. 224, § 2; 82 Del. Laws, c. 282, §§ 1, 1;

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1989–2022 · leading case: Brady v. CF Schwartz Motor Co., Inc., 723 F. Supp. 1045 (D. Del. 1989).

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Brady v. CF Schwartz Motor Co., Inc., 723 F. Supp. 1045 (D. Del. 1989). · cites it 2× “10 Del.C. § 9301. The Delaware Code also provides for appellate review of decisions from the Justice of *1048 the Peace Court.”

McManus v. East Pointe Apts. (Del. Super. Ct. 2017). · cites it 2× “Fourth, the issues in the earlier action must have been decided adversely to the current plaintiff Fifth, the decree in the earlier action was a final decree.”

Newark Shopping Ctr. Owner, LLC v. Pizza Univ. of Delaware, Inc (Del. Super. Ct. 2016). “; 10 Del. C. § 9301. ° Compl. 11 12. 10 Defs.”

H. Holveck & S. Murphy v. Christiana Meadows Apts. (Del. Ct. Com. Pl. 2020). “1 The Justice of the Peace Court has jurisdiction over landlord/tenant summary possession proceedings, per 10 Del. C. § 9301 and, thus, is the initial tribunal over the majority of such disputes.”

Revolution Rentals DE, LLC v. Pomerleau (Del. Super. Ct. 2022). “While Plaintiff does argue that the JP Court had jurisdiction because it has “concurrent jurisdiction over disputes of this type” and cites to the JP Court’s general grant of civil jurisdiction contained in 10 Del. C. § 9301,48 this argument is unresponsive to the JP Court’s…”

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